Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Although corporal punishment and spanking of children is banned in 24 countries, it is a common practice all over world, revealed three studies by UNC researchers. Spanking children has decline since 1975, however, it is still common practice, 80%, for preschool children.
Below is a summary of the findings revealed by the one of three studies conducted by Desmond Runyan, professor of social medicine at UNC:
- Mothers with fewer years of education more commonly used physical punishment.
- Harsh punishment of children by parents is not less common in countries other than the U.S. However, it may be more common in low and middle income countries.

Adam J. Zolotor, assistant professor of family medicine and UNC School of Medicine, led the other two studies. A summary of the results are listed below:
- Zolotor's first study tracked corporal punishment trends for 3-to-11-year-old children in the U.S. as demonstrated by four separate surveys conducted in 1975, 1985, 1995 and 2002. Although there was a decrease in the number of children slapped (18%) in 2002 from 1975, about 79% of preschool-aged children are spanked.

Zolotor states that given the weight of the evidence of his studies, corporal punishment does more harm than good. Therefore, it is important for parents, guardians, day care providers, caretakers, babysitters, etc. to educate themselves on the consequences of corporal punishment. There is a fine line between disciplining a child and inflicting physical abuse upon a child, the latter never being okay. If you would like to read more on this topic and see more findings of the conducted studies see Studies on Corporal Punishment upon children.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Pamela Hartley, a 56-year-old woman of Hamilton County, Ohio, was sentenced to 6 months in jail and banned from working in the childcare industry ever again. Hartley was one of two women who were accused of drugging children at a Hamilton County childcare facility.

After officials learned that Hartley was giving medication to children at the Covenant Apostolic Church Church Day Care Center, she was charged with child endangerment. Officials said the women were giving children, Melatonin, an over-the-counter sleeping supplement. Donna Scott, 41, is the other woman charged in the case. Scott has a trial scheduled in August and is entitled to a defense attorney. Hartley and Scott were both fired from the daycare. To read more details on this story see Hamilton County, Ohio daycare worker sentenced after giving sleeping supplement to children.

Parents and guardians place a tremendous amount of trust in a daycare facility and its workers. People hired as daycare workers should never neglect their responsibilities and respect the position they have been placed in.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Cody Sartin, a suspect in the killing of his ex-girlfriend's 3-year-old boy, Jace Burgess, was arrested and charged with first degree murder by Tulsa County prosecutors. Jace suffered serious personal injuries and was rushed to a hospital with a massive brain injury. According to officers, the child also had several bruises covering his entire body: shoulders, thighs, forehead, chin and a broken toe. Jace died as a result of the massive brain injury. Investigators believe that Sartin was babysitting Jace when the injury occurred; however, Sartin claims the injury was an accident.

Court records reveal that Jace's mother filed a protective order against Sartin after Jace's hospitalization. Jace's mother claimed that Sartin was the only person with Jace when the injury occurred. She also claimed that Jace had previously complained of being shaken by Sartin and told his mother that he had "accidents" while in Sartin's care. She also told authorities that Jace had new bruises on his body that were not present early that evening when she gave the child a bath.

Sartin had two other protective orders filed against him by two different women. A court document revealed that Sartin's ex-fiancee and her roommate accused Sartin of threatening their lives, saying "their days were numbered." Sartin also had another protective order against him by a different woman 2003, but the order has since expired. To read more about this topic see Oklahoma man charged with first-degree murder for the death of his ex-girlfriend's 3-year-old son.

The death of this young boy is a tragedy for the family and community. Sartin is innocent until proven guilty and has a right to a criminal attorney and speedy trial. Physical abuse upon a child is a horrific offense and any perpetrator is reprehensible. Suspicions of abuse should be reported to authorities immediately so a criminal investigation can ensue.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Caldwell, Idaho man, Bryan Sears, will serve at least 3 years before he is eligible for parole repeated acts of abuse on a 2-year-old child. Sears was sentenced to 10 years in prison, ordered to have no contact with the victim, and pay the victim a $5,000 civil penalty. The twenty-six-year-old man pleaded guilty to felony injury to a child and admitted to injuring his girlfriend's child over a 6-month span. The abuse caused the child to be hospitalized in December for more than a month with an injured pancreas. To read more about this story see Idaho man sentenced to 10 years after repeated abuse on 2-year-old.

Child abuse is a heinous offense. People who abuse children fail to realize the physical and emotional injuries inflicted upon the child at the time of the abuse and years thereafter. If you suspect an incident of child abuse contact local law enforcement authorities as soon as possible so a criminal investigation can be started; the best place for offenders is behind bars.

By John Jensen, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Judy Alvis Harper, 60, former owner of the Palmer-Leigh Small World Day Care Centerin Greensboro, North Carolina, will spend a minimum of 16 months in jail for the death of 16-month-old, Jackson Edmonds. Edmonds died of hyperthermia last March after Harper left the child in a car in the drive way of the day care center. North Carolina State officials closed the day care center the week the death occurred, declaring the day care center to be an unsafe, unhealthy and injurious environment. Harper also received a suspended sentence and supervised probation. You can read more about this incident at 60-year-old day care owner receives jail time. Day care providers have a duty to care and protect the children within their custody. Leaving a child unattended in a vehicle is never acceptable. The heat within an automobile increases at drastic rates and can become 45 degrees or more above the temperature outside. Also, a child’s core temperature increases as a rate 3-5 times faster than an adult. Children run a high risk of heat stroke, which can leave permanent injury or result in death. If you have experience the negligence of a day care provider contact a Florida Child Injury Lawyer to discuss your issues and concerns.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Massachusetts couple, Edwine Louissaint, age 33, of Dedham and David Augustin, age 34, of Milton left their children, ages 1 and 10-years-old, alone in a vehicle in a Foxwoods Resort Casino parking garage. Louissaint and Dedham were charged with risk of injury to a child, leaving a child unsupervised in a motor vehicle, and second-degree reckless endangerment said chief spokesman for the Connecticut State Police, Lieutenant Paul Vance. According to police, the couple’s children were turned over to the Massachusetts Department of Children and Families. Surveillance and gambling records revealed that the couple was in the casino for over an hour, stated Vance. Police arrived to the scene after receiving a call from someone who observed the unattended children. To read more details on this incident see Couple leaves children unattended in vehicle while gambling inside a casino.

The negligence of these parents is disturbing. Children should never be left unattended in a vehicle. Closed vehicles are dangerous environments for children. The temperature inside a vehicle can become 45 degrees Fahrenheit or higher than the temperature outside. Also, a child’s core body temperature accelerates 3-5 times faster than an adult. Children are at a high risk of suffering from a heat stroke, which can leave permanent injury or result in death. To read more on the risks of child heat stroke see Closed vehicles are dangerous places for children.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Texas state inspection revealed that in April 2008, staff workers at Daystar, a center for distressed children 30 miles south of Houston, provoked seven developmentally disabled girls into a fight. The staged fight resulted in biting and bruising as the staff members laughed and cheered on the spectacle. If the fight is not disturbing enough, no criminal indictments were sought against the perpetrators nor did Texas lawmakers press a state agency for answers about how this despicable act could have occurred. Instead, two staffers were quietly fired and their names have been kept secret by the Texas Department of Family and Protective Services (DFPS).

Residential treatment centers, like Daystar, are designed to provide treatment for the most troubled or disabled children taken into foster care. Children in these facilities suffer from serious emotional and/or health issues. Residential treatment centers have received more than $300 million to care for these children.

Day care centers and residential treatment centers exist in order to provide care and safety to children. It is a tragedy when abuse or neglect takes place in these facilities. Taking advantage of abused or disabled children is morally repugnant and offenders should face serious consequences. Children who are abused and neglected are likely to suffer from a lifetime emotional and physical trauma.

To read more about this incident and other incidents of day care abuse see Disabled Teens Forced into a Fight at Treatment Center.

By Kevin Leach, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Spanking a child for disobedience has been used for generations. However, the lines separating child punishment and child abuse are becoming increasingly blurred when spanking is used for child disobedience. For example a Portsmouth woman was recently charged with child abuse when she was observed spanking her 7-year-old daughter with a belt in a parking lot. The spanking resulted in welts on the girl’s body. The lines become even more blurred and enter the realm of criminal charges when the child is injured during a spanking. It is imperative for parents who resort to spanking their children as a form of discipline to use sound judgment when doing so. Parents need to be aware of the amount of force they are using and the amount of pain they are inflicting upon their children. Although spanking receives a higher level of scrutiny today, the lines have become so blurred between what constitutes punishment and what crosses the threshold into abuse. Corporal punishment and spanking can be the basis of a lawsuit or civil cause of action especially when the corporal punishment / spanking is against the law, against school or day care policies, and / or against the instructions or without the consent of the parents. Take for instance a 2006 child abuse case where a father disciplined his child with a belt for acting “unmanly.” After the child complained to a teacher about his back hurting, belt marks were discovered all over his back and lower body. There is a profound difference between spanking your children as a form fo punishment and a violent beating. Alternative forms of punishment are becoming increasingly popular. Instead of spanking their children, parents are resorting to more consistent and humane types of punishment such as taking away their children’s privileges (watching TV, cell phone and vehicle use) or putting them in time-out. The main question with spanking is: When is spanking or corporal punishment excessive and / or abusive to the child? When is spanking no longer punishment but crosses the threshold into child abuse? These are serious legal issues that are unclear and cause a great amount of debate. A child injury lawyer is an extremely helpful resource if you believe a child to be a victim of violent beatings. For more on this issue please see Spanking: Acceptable Form of Punishment or Abuse?

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents hire babysitters to watch and supervise their children. In most instances, the babysitter does a great job and there are no problems during the babysitting job. Unfortunately, there have been many incidents reported in which a babysitter intentionally or accidentally caused harm to a child. In Auburn, Washington, it was reported that a baby sitter has been charged with causing serious personal injuries to a 9 month old child under her care. Law enforcement officials have charged Dotty Reed with the crime of first degree child assault. The charges stem from an incident in which investigators and prosecutors believe that Reed slammed the boy's head on the floor. This act was believed to be done out of frustration. The child was later examined by medical doctors at Seattle Children's Hospital. Medical doctors diagnosed the child with a severe brain injury. It was reported that the mother found this babysitter on Craigs List. For more information regarding this incident, see Washington Babysitter Charged with Crime Following Brain Injury to Child Under Her Care.

Craigslist can be a great way to buy and sell items. It can also be a great way to offer a job and / or to find a job. It should be pointed out that there is no quality control or background checks done by Craigslist with respect to job listings and opportunities.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, parents and child care givers should refrain from corporal punishment. In many instances, an angry parent or caregiver can get out of control. Tempers combined with poor judgment can lead to serious personal injuries and psychological damage to a child.

In Minneapolis, Minnesota, it was reported that a 6 year old child was whipped by his mothers boyfriend with an extension cord over and over and over again. The man and the mother have been charged with the crime. This all stemmed from the boy allegedly having bad behavior at school. It was reported that the boy had virtually no skin remaining on his back because of this brutal attack. You can read more about this story at Minneapolis police: 6-year-old boy was flogged by mother's boyfriend.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There is a troubling and very dangerous game out there called "Sack Tapping" that boys are playing. The game is no laughing matter because many boys are suffering serious personal injuries to their groins / testicles that require emergency room care and, in some cases, surgery. Sack Tapping is painful, humiliating, and quite dangerous. Has your child been a victim of "Sack Tapping"? If so, there are several actions that you can take to address the problem. First, get your child medical care if needed to make sure that your child's medical needs are addressed. Report the incident to the school and, if the situation warrants it, to the police. If injuries are serious, a parent can seek out a Child Injury Lawyer for consultation and representation. If there was a failure to supervise the aggressive child, then a claim may be brought against the school or other organization charged with supervising the children. In addition, there may be an action against the parents of the aggressive child through a homeowner's insurance policy or through other avenues. If you see children engaged in this dangerous activity known as "Sack Tapping", stop the children and counsel them on the dangers. For more information about this dangerous fad or trend, see ' Sack tapping' - boys punching classmates in the groin - leads to serious injury, amputation.

Special Report: Discipline vs. Child Abuse
Reported by: Ben Russell
Email: benrussell@cbs21.com
Last Update: 5:56 am

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Special Report: Discipline vs. Child Abuse

Being a parent sometimes requires a measure of tough love. But even according to some of the leading law enforcement minds in the state, the line between discipline and abuse is sometimes unclear - specifically when it comes to spanking.

Mimi Duncan, of Harrisburg, loves being a mother.

"Just taking it day by day," Duncan said of her son three-year-old son Dymere. "Everything is new to me."

Duncan said she has never spanked Dymere, but if he does need correction, she lets him know.

"He does get maybe a tap here and there, and there are time outs and stuff like that," Duncan said. "Nothing hardcore though, like beatings or anything like that."

There are many methods of correcting a child by spanking - with a hand, a belt, an extension cord, a wooden spoon, etc. And depending on how they're applied, and the damage inflicted, all of those methods are legal.

Recent studies, including one from Tulane University released last month, show that spanking children around age 3 can make them more aggressive by 5; that parents are essentially teaching kids it's okay to hit.

"Usually we have children not learning good things from spanking," said Harrisburg-area child psychologist Melinda Eash.

Eash said strategies like "time out" are much more effective at stopping unwanted behavior.

Eash's recommendation is that parents who do spank can best avoid harming their children, and an abuse investigation, by getting their own emotions in check.

"In the case of spanking, when parents are hitting their kids out of anger then we start running the risk of crossing the line," Eash said.

"That's, in theory, easier said than done," said Ed Marsico, Dauphin County's District Attorney, who also heads up the Pennsylvania District Attorney's Association. "As a parent, most of the disciplining I do is in anger."

Marsico reviewed Pennsylvania's law that addresses parental corporal punishment and confirmed that, legally speaking, parents are allowed to strike their children.

The law reads as follows:

Parents can use reasonable supervision and control when raising their children.23 Sec. 6302.[Ci.] Parent/guardian/person responsible for general care and supervision/ person acting at request of the above may use force for the purpose of safeguarding or promoting welfare of minor including the prevention or punishment of his misconduct, if the force is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation. 18 Sec. 509.[Cr.]

But reality, Marsico said, is not so black and white. When discipline becomes child abuse is in the eye of the investigator.

"We've prosecuted parents for using two-by-fours to strike their child, for extreme beatings," Marsico said, giving an example of a clear cut case of abuse. "Ultimately it's a common sense approach that we have to take."

Then there are the methods of spanking. Believe it or not, if a parent chooses a belt/switch/ruler over their hand, there's a good chance they're in the clear. It is the damage they inflict that will make the ultimate difference.

For Mimi Duncan, and her son Dymere, that's not a concern.

"It's like maybe a hand tap," Duncan said of the physical discipline she has occasionally doled out to her boy. "And he can probably count on his hands the number of times he's actually had that."

A general rule of them, according to Marsico, is that any discipline resulting in a fracture, bleeding or severe bruising is certainly in the realm of abuse.

And to ensure that Mimi Duncan, or any other parent, never crosses the line from discipline to abuse, focus needs to be put on love. Are you trying to make the child listen, or teach right from wrong? Are you enforcing that you make their decisions, or that they need to make healthy ones?

There are instances, however, when people can be wrongly accused of child abuse. Harrisburg-area attorney Mark Scaringi told CBS 21 News that within the past year his law firm represented a stepfather who was charged with child abuse when he spanked his stepdaughter and left a bruise. Scaringi said the charges were ultimately dropped. And CBS 21 News confirmed with a local district attorney that just because a child develops a bruise, it does not mean that abuse took place.
Copyright 2010 Newport Television LLC All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

http://www.whptv.com/news/local/story/Special-Report-Discipline-vs-Child-Abuse/Sh2o2ZaO8ky7vZMr4vhufA.cspx

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Lufkin, Texas, a teacher's aide was arrested based on criminal allegations that she struck / hit a 4 year old boy. The incident took place at the Slack Elementary School. It was reported that another teacher's aide witness the acts of Debra Martin Fuqua (age 54). There were subsequent investigations of the incident by the school district as well as Child Protective Services. This was an interesting story in that the alleged criminal acts were witnessed by another school employee. Often times, a child has no such adult witness to step up and serve as a witness on the case. See Lufkin Texas Teacher's Aide Arrested.

The mistreatment of children in day care centers, schools, and homes is wholly unacceptable. Physical violence and corporal punishment cause physical personal injuries and often times long term psychological injuries as well.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Dakota and other States, it is quite tragic that incidents of Shaken Baby Syndrome continue to be reported. The simple and violent act of shaking a baby can result in serious brain damage and even death. Never - ever shake a baby for any reason. Whether it is done in fun, in anger or for discipline, a child's brain and skull cannot withstand the force of an adult shaking the child. In Eagle Butte, South Dakota, it was reported by the Rapid City Journal that Nicholas Allan Rivers, age 30, pleaded guilty to criminal charges of assault resulting in bodily injury. The incident causing serious child personal injuries took place on May 4, 2009.

The safety and well being of a child under the care of a parent, friend, neighbor, teacher, or day care provider should take precedence over all other matters. Keep children safe and it should be repeated - never - ever shake a child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, caregivers, day care providers, teachers, babysitters, siblings, and other should pay attention to some simple but important advice - NEVER EVER SHAKEN A BABY. Babies and infants are very fragile. There brains and skulls are still developing. A person would not typically throw a television or glass to the floor. As such, why shake a baby? A television or glass can be replaced. A baby's brain function, health, and welfare are not as easily fixed or replaced. Severe medical complications can and do result from Shaken Baby Syndrome. You can read more about this topic at Never, Never Shake a Baby. See also Shaken Baby Syndrome - Texas Man Alleged to Have Caused Injuries to Child.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Bartlesville, Oklahoma, a 4 year old suffered serious personal injuries in the form of a skull fracture. The boy also suffered bruises on his chest, upper shoulders, back, and legs. David Wymon Laird, faces criminal charges of child abuse. At first, Laird denied that he harmed the child but he later admitted to police, according to a news story, that boy was harmed when Laird was disciplining the child. The boy was transported to Tulsa's Children's Hospital where he was treated with these serious life threatening personal injuries.

Children should never been disciplined by assaulting the child or inflicting head injuries that can and do lead to brain injuries. You can read more about this tragic story at Bartlesville, Oklahoma Man Slams Head of 4 Year Old - Skull Fracture.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Howard County, Maryland, Judge Timothy McCrone sentenced Michael Adegoke Oye-Adeniran to a 20 year prison term for crimes committed against his niece. Prosecutors brought a case against this man for an incident involving a scalding incident. The allegations were that this man got angry when the child soiled herself so he put her feet into water that was 160 degrees. The severe heat of the water caused severe personal injuries to the child who was 2 years old at the time. The water was so hot that she suffered second and third degree burns to her feet. It was reported that the water was so hot that her toenails melted off. ( See Maryland Man Gets 20 Year Prison Sentence).

Parents, caregivers, day care providers and others should recognize that children will have potty problems. At times, children will soil their diapers or underwear. This can even happen with an older child. Child caregivers should keep everything in perspective and should never ever use physical harm like scalding water to discipline a child. The child's personal injuries in the form of physical scars and psychological scars will last a lifetime for a child. Corporal punishment of this nature is criminal and should be and was subject to a long prison term.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other States, parents bring their children to day care centers with the hope and expectation that their children will be cared for in a safe and caring environment. Unfortunately, some day care workers and child care providers prey children enrolled in day care centers. Some children suffer personal injuries due to neglect or physical abuse. Others suffer at the hands of a child care provider who makes the decision to molest and sexually assault a small child. In Irondequoit, New York, a day care worker has been accused of molesting a 7 year old girl. Police arrested Joseph M. Calabrese, age 24, who has been criminally charged with endangering the welfare of a child and with sexual abuse. Mr. Calabrese was working at Generations Daycare at the time of the alleged criminal conduct. Since Mr. Calabrese has been arrested and faces criminal charges, he will be entitled to legal representation from a private New York criminal attorney or a qualified public defender. News report did not detail the exact evidence that supported this criminal investigation. In many day care cases of this nature, evidence varies from witness statements, photographs, video surveillance, admissions of the suspect, documents, e mails, and text messages. It will be interesting to see how this criminal prosecution develops and what evidence is ultimately revealed to support these allegations. You can read more about this story at Irondequoit, New York Day Care Work Accused of Sexually Abusing 7 Year Old Girl in New York Day Care Center.
Generations Daycare in Irondequoit.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Iowa and Other States, parents, step parents, and boyfriend / girlfriends of parents often show poor judgment and violent tendencies when disciplining children. Beatings and whippings may be the way things were done years ago; however, these forms of punishment are often times cruel and unusual and in some cases criminal. In Sioux City, Iowa, Tyrone James (age 32) was sentenced to a 2 year prison term after entering a guilty plea of charges of child endangerment. Allegations in this case involved two children who were hit by belts, tree branches and extension cords. The mother of children also pled guilty to criminal charges. See Sioux City Iowa Man Sentenced to Prison Term for Child Endangerment Criminal Charges.

Children should be raised in a loving and caring environment. Children should not be subjected to the personal injuries or the psychological injuries of being hit by a parent or other adult.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Martinsville, Indiana, police were called to a day care center after the child began throwing a fit. It was reported by Fox News that one police officer slapped the child and another tasered the child for 1 to 2 seconds. The child's guardian operates the day care center. Some argue that the tasering of a child is an excessive way to punish or control a child. Others may not have a problem with tasering, corporal punishment or other physical harm to a child.

Discipline and corporal punishment are often topics of debate. What is the reasonable use (if any) of corporal punishment in the home? at school? at a day care center? by police? Child safety and reasonableness should be the two factors to consider when addressing or considering any particular incident. You can read more about this story at Police Taser Child in Indiana Day Care Center.